Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 1087 - AT - Income TaxDelayed employees contribution to PF and ESI - Whether the assessee would be entitled to claim deduction for the employees' contribution made to PF/ESI after the due date prescribed under the respective Act, but before the due date prescribed for filing of income tax return? - HELD THAT:- We find force in the arguments of the assessee for the reason that there is no difference between employees and employer contribution under the respective Act. If the legislature intends to differentiate employees and employer contribution, then there would have been two due dates like in the case of Income Tax Act. On merits also, this Tribunal has consistently viewed that the employees contribution to PF and ESI is allowable deduction if the same is paid before the due date of filing the return of income - See M/S ESSAE TERAOKA PVT LTD [2014 (3) TMI 386 - KARNATAKA HIGH COURT]. We are of the view that there is no distinction between employees' and employer contribution to PF and if the total contribution is deposited on or before the due date of furnishing return of income u/sec. 139(1) of the Act, then no disallowance can be made towards employees' contribution to PF/ESI. - Decided in favour of assessee.
|